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Statute of Limitations

How Long For My Injury Case

The statute of limitations applies to all injury cases in Georgia. It is a bright line rule determining how long an injured person has to ether settle their claim or file a lawsuit. Failure to file a lawsuit means that your case is time-barred and that regardless of the strengths of your case you cannot recover from the persons that caused your injuries.

Statute of Limitations in Typical Cases

Car & Truck Accidents –  2 years from the date of the crash

Bicycle & Pedestrian Accidents – 2 years from the date of the incident

Slip & Fall – 2 years from the date of your fall

Dog Bites – 2 years from the date of the bite

Nursing Home Abuse & Neglect – 2 years from the date of abuse or neglect

Medical Malpractice – 2 years from the date of the malpractice event

Wrongful Death – 2 years after date of death

Special Circumstances

In some circumstances the statute of limitations is extended giving you more time to file a lawsuit. Examples include:

Car & Truck Accidents – 2 years from the date that the traffic ticket is resolved that was given to the other driver causing the accident

Minor Children – the statute is tolled until the minor turns 18. However the statute is tolled only as to the minor’s claim for pain and suffering claim and not medical bills. Certain other exceptions to this rule apply if the claim involves medical malpractice

Medical Malpractice – 2 years from the date you discovered the injury if the injury was not readily discernible at the time of the incident

Tolling because of Death – statute is tolled and the two years doesn’t begin to run if the person injured later dies. The statute is tolled until an estate has been established to pursue the personal injury claim. Tolling does not apply to wrongful death claims.

 

 

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